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(2022) JELR 110734 (CA)

Court of Appeal 26 Jul 2022 Nigeria
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- This is an interlocutory appeal against a decision of the Federal High Court disallowing questions put to the appellant's witness during examination-in-chief. - The appellant filed two notices of appeal, opting to rely on the latter. - Th

Case Details

Suit Number:CA/A/1155/2019
Judges:Uzo Ifeyinwa Ndukwe-Anyanwu JCA Oludotun Adebola Adefope-Okojie JCA Ebiowei Tobi JCA
Counsel:SOLOMON UMOH, SAN, with him, MATHEW ECHO, I.F. UKPAH, CALEB ADAGI, U.J. ATAN, SANTOS O. ENEJAH, and FELIX S. ABIODUN, for the Appellant; KALU ONUOHA, with him, IFUNAYA ORANUBA, IFEDIORA OSEGIBO, and MANDY NWORIE, for the 1st Respondent; STEPHAINE ABDULSALAAM, with him, ISRAEL AYENI, for the 2nd Respondent

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the decision of the Federal High Court, Abuja Judicial Division (hereinafter referred to as "the lower Court") delivered on 15th day of November, 2019 by Hon. Justice O.E Abang in Suit No FHC/ABJ/CS/45/2019 disallowing questions put to the Appellant's witness during his examination-in-chief. Aggrieved, the Appellant filed two Notices of Appeal, one on 27th November, 2019 and the other on the 29th of November 2019, opting to rely on the latter. 

BRIEF STATEMENT OF FACTS 

On the 15th day of November, 2019 the Appellant, as 1st Defendant before the lower Court, opened its case by calling its first defence witness, Tony Makwe (DW1). He was led in evidence to adopt his witness statement on oath, after which his Counsel tendered documents from the Bar, without any objections from the parties. After tendering these documents, the Appellant's Counsel sought to ask the witness ques…

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